Lindsay v. Fay
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Dodge County. Ejectment. The plaintiffs claimed under a tax deed, executed December 13, 1844, (upon a sale made December 12, 1842, for delinquent taxes of that year), by “Wm. M. Dennis, clerk of the board of county commissioners of Dodge county, ' Wisconsin territory,” sealed with the seal of the said board, and not with the private seal of said clerk.
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APPEAL from tlie Circuit Court for Dodge County. Ejectment. The plaintiffs claimed under a tax deed, executed December 13, 1844, (upon a sale made December 12, 1842, for delinquent taxes of that year), by “Wm. M. Dennis, clerk of the board of county commissioners of Dodge county, ' Wisconsin territory,” sealed with the seal of the said board, and not with the private seal of said clerk. The granting clause of the deed was in these words: “Now, therefore, know all men by these presents, that for and in consideration of the sum of one dollar, ninety-one cents, before mentioned, and for and in…
1Opinion of the Court
Dixox, 0. J.
The only question in this case is, whether the party in possession of land, claiming title in good faith under a tax deed void on its face, can, after the lapse of three years from the time of his entry, be protected under the statute prescribing that limitation next after the recording of the tax deed for the commencement of any suit to recover such land. This case arises under the statute of 1849 (R. S. 1849, ch. 15, §.123), and the question involved is identical with that presented and decided in Edgerton v. Bird, 6 Wis. 527, 528, and which decision was subsequently followed in…
2Cases cited2 opinions
- Edgerton v. BirdWisconsin Supreme Court · 1858
- Sprecker v. WakeleyWisconsin Supreme Court · 1860
3Cited by15 opinions
- Waterson v. DevoeSupreme Court of Kansas · 1877
- Allen v. KellamSupreme Court of Alabama · 1881
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- McMillan v. WehleWisconsin Supreme Court · 1882
- Mason v. CrowderSupreme Court of Missouri · 1885
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